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(영문) 광주지방법원 2014.12.19 2014고합421
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2014, the Defendant, while taking a photograph of exposure of the victim E (the age of 17) in the Dong-gu, Gwangju (hereinafter “Dsteis”), operated by the Defendant, on September 15:10, 2014, the Defendant committed indecent act by compulsion of the victim, who is a child or juvenile, by taking a step to correct the victim’s attitude behind the victim’s ste (the age of 17) by inserting his panty and her panty, by inserting his son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s k

Summary of Evidence

Criminal facts in holding

1. Any statement made by the defendant in compliance with this Act;

1. Statement made to E prepared by the assistant judicial police officer, which fit for such statement;

1. Among the victim E exposed photographs, there is evidence to recognize it by integrating the images suitable for them.

Application of Statutes

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) deeming that the instant crime was committed in a contingent manner while photographing the victim’s photograph without any history of criminal punishment for a sexual crime, and it is difficult to readily conclude that the instant crime was distorted by the defendant, or that the Defendant had lived faithfully, such as supporting his/her family while working as a photographer, without preventing any particular crime, and considering the possibility and necessity of edification within society, etc.);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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